FORT COLLINS , Colorado -LRB- CNN -RRB- -- The Colorado couple accused of carrying out a bizarre hoax involving their son and a huge balloon is `` not running from the law '' and deserves the presumption of innocence , their attorney said Monday .

Richard Heene has told reporters that a runaway balloon incident involving his son was `` absolutely no hoax . ''

`` The sheriff having a press conference saying that they 're guilty does not make them so , '' David Lane told CNN 's `` American Morning . ''

Authorities say the event -- in which the tearful couple claimed their 6-year-old may have been trapped in the flying-saucer-like contraption floating through the air -- was staged . Richard and Mayumi Heene had met in a Hollywood acting school and pursued fame for their family in the world of reality TV , Larimer County Sheriff Jim Alderden said .

Lane , asked Monday by CNN about his client 's state of mind , said it was `` what you would expect someone 's state of mind to be after law enforcement searched your house , seized your property , held a press conference announcing you 're about to be charged with felony criminal charges . Your state of mind would be rather upset and you would feel somewhat under siege , which is exactly how the family feels at this point . '' Watch how attorney says family is dealing with hoax allegations ''

During the incident Thursday , as millions worldwide watched live TV coverage of the contraption floating above northern Colorado , authorities did not pick up on any deceptive behavior , Alderden said .

But that night , during an interview with CNN 's `` Larry King Live , '' the boy , Falcon , gave authorities an `` Aha ! moment , '' Alderden said .

`` You guys said we did this for the show , '' Falcon said in the interview , when his father asked him why he had not come out from hiding when his parents were looking for him . Watch how boy explain balloon incident ''

Richard and Mayumi Heene said their son was simply confused .

But authorities enacted a `` game plan '' of getting the truth , Alderden said .

The plan included misleading the media on Friday when Alderden said authorities still believed the incident was not a hoax . They wanted to keep the couple 's trust , Alderden said .

Investigators pursued separate interviews and polygraph tests with the Heene parents Saturday , then searched the couple 's home early Sunday for computer records , phone records , video recordings , and other potential evidence , Alderden said .

`` The sheriff put both of them on a box , and they have not shared with us whether or not they passed or failed , '' Lane told `` American Morning '' on Monday .

Polygraphs are not admissible in court , Lane added .

Alderden said that under Colorado law , authorities can not announce whether polygraph tests were taken -- only that authorities pursued them .

The sheriff , at Sunday 's news conference , said the investigation was still under way and that charges would likely soon follow , including for several felonies : conspiracy , contributing to the delinquency of a minor and attempting to influence a public servant . The family will likely also be charged with filing a false police report , which is a misdemeanor , Alderden said .

He added that authorities plan to seek restitution for the expenses incurred in the wild goose chase for Falcon .

Since authorities are n't required to share evidence until charges are actually filed , Lane said he could not lay out the Heenes ' defense . `` Until that point ... I 'm shooting in the dark , '' he said , adding , `` If they have probable cause to make an arrest , then make an arrest and give me the evidence . '' iReport.com : `` Outraged '' over balloon hoax

Alderden , speaking at a news conference Sunday , said authorities are concerned about the safety of all three Heene children , ages 6 , 8 , and 10 . Authorities spoke with Mayumi Heene about domestic violence and the children 's safety , Alderden said . `` But we did n't have enough that would allow us or Child Protection Services to physically take the kids from that environment . ''

There was a 911 call from the home earlier this year that led authorities to a `` suspicious circumstance '' that Alderden said may have involved `` domestic violence , perhaps against the wife . ''

Lane told CNN affiliate KMGH on Sunday that he has `` no reason to believe they 're anything but loving parents . '' iReport.com : `` Balloon boy saga is symptom , not disease ''

Speaking to CNN Monday , Lane said the Heene children had been in his office Sunday , and that by his own observations as a father of three , `` They seem to be perfectly , normal , happy , well-adjusted kids that are being insulated from this process as much as possible . ''

During a round of live TV interviews Friday morning , Falcon had been sick , which many speculate was because he was so upset over the incident .

One of the questions that remains unanswered is where Falcon was as the balloon flew overhead . On Friday , Alderden said it had been determined that the boy was hiding in an attic in the garage . Now , authorities are unsure . Alderden said the boy may not have even been in the home . Watch how boys was supposed to be in balloon ''

The Heenes have previously appeared on the ABC program `` Wife Swap . '' Richard Heene also chases storms , brings his family along and takes videos .

TLC , which produces the show `` Jon and Kate Plus 8 '' -- told CNN the Heenes `` approached us months ago '' about a possible show , `` and we passed . ''

Heene has been described as a meteorologist , but his education ended at the high school level , Alderden said .

The sheriff said investigators also want to interview 25-year-old researcher Robert Thomas who worked with Heene for about two months last spring . Thomas was paid by the gossip site Gawker.com to write about his experience with Heene for a story published on Saturday . Watch former assistant discuss Heene family ''

In an interview arranged with the help of Gawker , Thomas told CNN that at one point they were talking about the Roswell UFO incident of the late 1940s , when Heene said it would be easy to cook up `` a media stunt that would be equally profound as Roswell , and we could do so with nothing more than a weather balloon and some controversy . ''

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Authorities say story of boy in runaway balloon a hoax

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Family wanted publicity for reality TV jobs , sheriff says

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Lawyer says Heene family deserves presumption of innocence

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Charges likely to be filed against family , sheriff says